Criminal Law Blog

I didn’t want the cops to actually arrest him, I just wanted the cops to get him to leave the house! Many people misunderstand what will happen when they call the police in New Jersey and state that domestic violence (DV) has occurred. Police are not ‘marriage counselors’. When they arrive on the scene, the police will separate the parties and look to observe if there is any indication of a criminal offense. If the officers see any evidence of assault, property damage, criminal mischief, or harassment the police are required to act by arresting the person believed responsible for the domestic violence conduct. The police will ask if the ‘victim’ wants to file a ‘restraining order‘ (TRO) in addition to the perpetrator being arrested, but the wishes of the victim for no arrest to be made will not determine whether the charges are filed. Even if the victim does not want to press charges, the police will arrest the perpetrator, and take him or her to jail to be processed for the criminal offenses. Once arrested, it is very likely the Court will set bail, or post other conditions on the release of the defendant, including restrictions of ‘no contact’ with the victim. Once these conditions are set by the Court, only a Judge can lift them, and any contact between the victim and the defendant can result in the police filing new/additional charges of ‘contempt of court’ for violating the ‘no contact’ order.